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OHOCHUKWU
V.
EMEREGWA

(1999) JELR 71234 (CA)

Court of Appeal 16 Mar 1999 Nigeria
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Judges:IGNATIUS CHUKWUDI PATS-ACHOLONU. J.C.A. (Presided and Read the Leading Judgment), MICHAEL EYARUOMA AKPIROROH, J.C.A., PIUS OLAYIWOLA ADEREMI, J.C.A.
Counsel:I. Wigwe Esq. - for the Appellant Wilcox Abereton-Awilly Esq. - for the 1st Respondent C.A. Okirie (Mrs) Chief State Counsel - for the 2nd Respondent
Other Citations:(1999) 5 NWLR (Pt. 602) 179

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The complaint of the appellant who was a petitioner in the Election Tribunal is that having been screened and cleared by INEC and his name sent to SSS for security clearance he should have been the person contesting the candidatureship of Ikwerre Local Government Area in the stead of the 1st respondent. He relies on the provisions of Para 7(2) Schedule 4 of Decree No. 36 which states -

"No candidate who has been screened and cleared to contest an electionshall be prevented from contesting the election for any reason whatsoever or substituted except the candidate dies or voluntarily withdraws his candidature."

Now the 1st respondent who is of the political persuasion with the appellant was screened, cleared and issued Form 002 to enable him contest the chairmanship election. He did and won.

In his appeal, the appellant asked for the following reliefs:

"That the court should set aside the ruling on order of the Election Petition Trib…

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